Birdichand Bhurchand Banthiya Dec. Thr. Lrs. 1A Verdhabai Birdichand Banthiya and Ors. v. the State of Maharashtra (Thr. the Dy. Collector (Land Acquisition)
Case brief
What is this about?
Land acquisition compensation enhancement; leave to amend cross objection; subject to payment of deficit/additional court fees; Bombay High Court, Civil Appellate Jurisdiction; Interim Application No. 3449 of 2025 in Cross Objection (ST) No. 2450 of 2025 in First Appeal No. 268 of 2025; claimants Birdichand Banthiya through LRs. v. State of Maharashtra (Deputy Collector, Land Acquisition); rates: Rs.700 claimed, Rs.135 awarded by Reference Court, Rs.565 originally claimed in cross objection, Rs.1,865 sought by amendment; precedents: State of Maharashtra v. Sitaram Narayan Patil (Full Bench, Bombay HC) 2010(2) Mh.L.J. 387 (relied on); Ambya Kalya Mhatre v. State of Maharashtra (2011) 9 SCC 325 (followed); Judge: Gauri Godse, J.; decided 19 September 2025.
What did the court decide?
Leave granted to amend the cross objection to claim enhanced compensation at Rs.1,865/- per square meter (up from Rs.565/- per square meter), subject to payment of deficit Court fees; amendment to be carried out within three weeks and deficit Court fees paid within four weeks thereafter.